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Chemicals, Industrials & Mining

We distill distressed financial situations
 
Our roles within the automotive industry, as Vice President of Business Affairs for Giant RV and Trustee for Fleetwood Enterprise Inc., have provided key insight into the sector. During difficult economic times, Province delivered sharp situational analysis with thoroughness to aid the litigation of disputed claims in the Monaco RV Chapter 7 bankruptcy with Giant RV. Furthermore, as Liquidating Trustee for Fleetwood Enterprises, Province has been able to distill a distressed financial situation to its essence and offer an efficient solution that delivers outsized results for its constituents.
In the Aerospace arena, Province was hired by the Official Committee of Unsecured Creditors of National Air Cargo to evaluate the corporate structure, analyze assets and liabilities and spearhead negotiations on claims and ongoing litigations – tapping into our vast experience in providing litigation support. Highlights: Corporate Advisory • Assess the corporate structure • Forensic Accounting • Business valuation • Restructuring / Reorganization Financial Advisory • Evaluation of budget and liquidity • Assessment of asset sales • Valuation and Financial Analysis Litigation Services • Expert Witness Valuation • Claims and Exposure Investigation • Damages and Lost Profits Analysis • Claims Recovery Maximization • Spearhead Negotiations Trustee Services • Assess possible claim objections through analysis • Claim reconciliation • Litigation oversight • Post-confirmation litigation recovery management SELECTED ENGAEMENTS Name: Fleetwood Enterprises, Inc. Province was the Liquidating Trustee for the Successor Trust of Fleetwood Enterprises Inc., a Fortune 500 Company including manufactured and military housing, recreational vehicle divisions and related entities. In this role, Province managed the liquidation of over 50 industrial properties appraised at $143 million, including remediation of contaminated sites. Additionally, Province prosecuted approximately 400 affirmative actions (price fixing class action, recovery of military housing construction bonds, avoidance actions) and achieved the resolution of individual and putative class claims that sought the rescission of manufactured housing, RV sales and related loan agreements. To date, the Trust has reconciled approximately 18,000 proofs of claim, aggregating over $3 billion. Role: Board of Directors & Liquidating Trustee Date: Feb 2014 – July 2020 | Aug 2010 – July 2020 Sector: Automotive   Name: Giant RV Peter Kravitz, Province Principal, acted as Vice President of Business Affairs for Giant RV, a leading company in the RV industry, during a difficult economic time. Mr. Kravitz was hired to represent the RV company’s contingent and disputed claim in the Monaco and Giant RV’s Chapter 7 Bankruptcy estate and related proceedings. Despite the current economic situation of that time, he successfully managed and represented the business affairs of Giant RV with analysis and keen negotiations. Role: Liquidating Trustee Date: April 2014 – May 2021 Sector: Automotive   Name: Automotive Parts Distribution International (APDI) Automotive Parts Distribution International LLC, founded in 2007, was an aftermarket auto parts distributor that purchased inventory from China, Taiwan and other Asian markets to sell to North American retailers. Due to the emergence of an unavoidable U.S. tariff on goods imported from China, the company faced steep liquidity constraints and was unable to service its intercompany debt owed to its parent, forcing the company to file for chapter 11 protection. Province served as the financial advisor to the unsecured creditors’ committee. In this role, Province engaged in key workstreams to add value for unsecured creditors, including conducting an analysis of preference payments and investigating past transactions with its parent company, among others. Additionally, Province supported the unsecured creditors’ committee and the company in confirming a chapter 11 Plan of liquidation through reconciling certain claims, constructing a wind-down budget and performing a liquidation analysis. Role: Financial Advisor to the Official Committee of Unsecured Creditors and Liquidating Trustee Date: August 2021 – May 2022 April 2022 – present Sector: Automotive   Name: TECT Group Holdings, Inc. TECT Group Holdings, Inc. (“TECT”) was a manufacturer of high precision components and assemblies for the aerospace industry, supplying many of the largest aerospace manufacturers in the world, such as Boeing and Spirit AeroSystems. As financial advisor to the Official Committee of Unsecured Creditors, Province effectuated a court-supervised sale process which ultimately resulted in TECT’s Everett, Wash. facility remaining operational, despite significant industry and liquidity headwinds. Furthermore, Province was able to negotiate a “two-trust” settlement with the DIP and prepetition lender, which provided an opportunity for general unsecured creditors to receive distributions from litigation against TECT’s private equity owner, despite beginning the case “out of the money.” Role: Financial Advisor to the Official Committee of Unsecured Creditors Date: April 2021 – June 2022 Sector: Aerospace

OUR EXPERIENCEWe deliver critical intel in contentious situations.

Chemical and industrial production is critical to the creation of every modern day product, from consumer goods to military products, to food production, to nearly everything else. It simply would not be possible to create the array of goods the world presently enjoys without critical investment, advancement and innovation in the chemical and industrial sectors, and without the mining of critical commodities, these product offerings would simply not be possible.

Province frequently advises constituents of chemical, industrial, and mining companies on how to navigate significant issues impacting these sectors. With Province’s extensive experience advising companies, creditors, official committees and other impacted constituents, we chart the most advantageous path forward for our clients.

Corporate Advisory

  • Assess the corporate structure
  • Forensic Accounting
  • Business valuation
  • Restructuring / Reorganization

Financial Advisory

  • Evaluation of budget and liquidity
  • Assessment of asset sales
  • Valuation and Financial Analysis

Litigation Services

  • Expert Witness Valuation
  • Claims and Exposure Investigation
  • Damages and Lost Profits Analysis
  • Claims Recovery Maximization
  • Spearhead Negotiations

Trustee Services

  • Assess possible claim objections through analysis
  • Claim reconciliation
  • Litigation oversight
  • Post-confirmation litigation recovery management

SELECTED ENGAGEMENTSTPC Group

TPC Group is a petrochemical producer based in the United States who focuses on producing and processing specialty chemicals, fuel derivatives, and petroleum byproducts. Burdened with stressed working capital, liquidity issues and a large litigation exposure during a company-wide shift in business strategy, TPC filed for bankruptcy protection in 2021. One of Province’s Principals was hired to serve as the Vice President of Restructuring, and Province was hired to serve as the financial advisor to the Vice President of Restructuring. In this role, they’ve been tasked to assist TPC’s general counsel and chief financial officer in managing all restructuring processes and related workstreams. Additionally, Province helped navigate a complex $850 million insurance negotiation alongside a negotiation with large plaintiff groups for both personal injury and property damage claims. Ultimately, Province has helped strategize and implement global restructuring options as well as negotiate relevant case constituencies.

Role

Vice President of Restructuring and Financial Advisor to the Vice President of Restructuring

Date

March-May 2022

June 2022 – present

Sector

Chemicals & Materials

SELECTED ENGAGEMENTSAearo Technologies

Aearo Technologies, a subsidiary of 3M, manufactures custom noise, vibration, thermal and shock protection solutions, primarily serving the aerospace, commercial vehicle, heavy equipment and electronics industries. Aearo is the subject of over 230,000 personal injury claims, primarily from military personnel who relied on Aearo’s noise-reducing Combat Arms Earplugs, which did not perform to claimed standards and resulted in hearing loss and tinnitus injuries to the claimants. Aearo also faces mass tort liability for selling respirators that failed to adequately protect users from asbestos and other airborne pollutant injuries. As financial advisor to the Official Committee of Unsecured Creditors for Tort Claimants – Related to Use of Combat Arms Version 2 Earplugs, Province is developing claims analyses for the committee as well as assisting the committee to otherwise support any settlement negotiations with the Debtors and/or its non-Debtor affiliates, including preparing ability to pay analyses, evaluation pre-petition transactions of interest to the committee and identifying potential causes of action against the Debtors and/or its non-Debtor affiliates.

Role

Financial Advisor to the Official Committee of Unsecured Creditors for Tort Claimants – Related to Use of Combat Arms Version 2 Earplugs

Date

September 2022 – present

Sector

Industrial Products & Services

SELECTED ENGAGEMENTSCarbonLITE

Founded in 2010, CarbonLITE Holdings LLC grew to be at the forefront of processing post-consumer recycled PET (rPET) and producing new PET beverage and food packaging products.  Operating in the California, Texas and Pennsylvania markets, it was the largest supplier of rPET in the world and the clear #1 supplier in North America, holding a 60% market share. However, it was founded several years ahead of its time and before it could reap the benefits of post-consumer content mandates, a combination of high-leverage and pandemic-induced disruptions to supply chains as well as the construction of its Pennsylvania facility drove it into bankruptcy. Province participated in a complex four-way asset sale process with multiple counterparties and buyers and assisted the investment banker in bringing additional investors into the process which created competitive tension and higher sale prices for the California and Texas assets.

Role

Financial Advisor to the Official Committee of Unsecured Creditors and Liquidating Trustee

Date

March – November 2021 

September 2021 – present

Sector

Industrial Products and Services

SELECTED ENGAGEMENTSCyprus Mines

Cyprus Mines Corporation, a wholly-owned subsidiary of Cyprus Amax Minerals Company (CAMC) and an indirect subsidiary of publicly traded Freeport-McMoRan Inc., filed for bankruptcy on February 11, 2021 as party to a settlement with multiple different parties including CAMC, Freeport and the Imerys Debtors. Cyprus Mines, as a predecessor to Imerys Talc America, formerly owned (among other talc assets) substantial talc operations in Vermont and supplied talc to Johnson & Johnson for a limited time. As financial advisor to the Official Committee of Tort Claimants (TCC) and the Future Claimants Representative (FCR), Province is advising the TCC and the FCR to assess alternative plan structures, assessing potential indemnification claims against Johnson & Johnson, assisting counsel in analyzing potential causes of action for the benefit of the creditors and participating in mediation sessions on behalf of both clients with other case parties to assess the potential for a global settlement.

Role

Financial Advisor to the Official Committee of Tort Claimants

Date

March 2021 – present

Sector

Metals Mining